§ 163-278.90. Definitions.
Article 22F.
Mass Mailings andTelephone Banks: Electioneering Communications.
§ 163‑278.90. Definitions.
As used in this Article, thefollowing terms have the following definitions:
(1) The term"disclosure date" means either of the following:
a. The first dateduring any calendar year when an electioneering communication is transmittedafter an entity has incurred expenses for the direct costs of producing ortransmitting electioneering communications aggregating in excess of tenthousand dollars ($10,000).
b. Any other dateduring that calendar year by which an entity has incurred expenses for thedirect costs of producing or transmitting electioneering communicationsaggregating in excess of ten thousand dollars ($10,000) since the most recentdisclosure date for that calendar year.
(2) The term"electioneering communication" means any mass mailing or telephonebank that has all the following characteristics:
a. Refers to a clearlyidentified candidate for a statewide office or the General Assembly.
b. Is transmittedwithin one of the following time periods:
1. 60 days before ageneral or special an election for the office sought by the candidate, or
2. 30 days before aprimary election or a convention of a political party that has authority tonominate a candidate for the office sought by the candidate.
c. Is targeted to therelevant electorate.
(3) The term"electioneering communication" does not include any of the following:
a. A communicationappearing in a news story, commentary, or editorial distributed through anynewspaper or periodical, unless that publication is owned or controlled by anypolitical party, political committee, or candidate.
b. A communication thatconstitutes an expenditure or independent expenditure under Article 22A of thisChapter.
c. A communication thatconstitutes a candidate debate or forum conducted pursuant to rules adopted bythe Board or that solely promotes that debate or forum and is made by or onbehalf of the person sponsoring the debate or forum.
d. A communication thatis distributed by a corporation solely to its shareholders or employees, or bya labor union or professional association solely to its members.
e. A communication madewhile the General Assembly is in session which, incidental to advocacy for oragainst a specific piece of legislation pending before the General Assembly,urges the audience to communicate with a member or members of the GeneralAssembly concerning that piece of legislation.
f. A communicationthat meets all of the following criteria:
1. Does not mention anyelection, candidacy, political party, opposing candidate, or voting by thegeneral public.
2. Does not take aposition on the candidate's character or qualifications and fitness for office.
3. Proposes acommercial transaction.
(4) The term "massmailing" means any mailing by United States mail or facsimile. Part 1A ofArticle 22A of this Chapter has its own internal definition of "massmailing" under the definition of "print media," and thatdefinition does not apply in this Article.
(5) The term"prohibited source" means any corporation, insurance company, laborunion, or professional association. The term "prohibited source" doesnot include an entity that meets all the criteria set forth in G.S. 163‑278.19(f).
(5a) The term"race" means a ballot item, as defined in G.S. 163‑165(2), inwhich the voters are to choose between or among candidates.
(6) The term"targeted to the relevant electorate" means:
a. With respect to astatewide race:
1. Transmitting, bymail or facsimile to a cumulative total of 50,000 or more addresses in theState, items identifying one or more candidates in the same race within any 30‑dayperiod; or
2. Making a cumulativetotal of 50,000 or more telephone calls in the State identifying one or morecandidates in the same race within any 30‑day period.
b. With respect to arace for the General Assembly:
1. Transmitting, bymail or facsimile to a cumulative total of 2,500 or more addresses in thedistrict, items identifying one or more candidates in the same race within any30‑day period; or
2. Making a cumulativetotal of 2,500 or more telephone calls in the district identifying one or morecandidates in the same race within any 30‑day period.
(7) The term"telephone bank" means telephone calls that are targeted to therelevant electorate, except when those telephone calls are made by volunteerworkers, whether or not the design of the telephone bank system, development ofcalling instructions, or training of volunteers was done by paid professionals.
(8) The term "501(c)(4)organization" means either of the following:
a. An organizationdescribed in section 501(c)(4) of the Internal Revenue Code of 1986 and exemptfrom taxation under section 501(a) of that Code.
b. An organization thathas submitted an application to the Internal Revenue Service for determinationof its status as an organization described in sub‑subdivision a. of thissubdivision.
(9) Except as otherwiseprovided in this Article, the definitions in Article 22A of this Chapter applyin this Article. (2004‑125,s. 2; 2006‑182, s. 1(b); 2009‑534, s. 8(a), (b).)